It was all done in 3DS MAX! =) http://www.hot.ee/syko/kirupaf1.jpg btw: I made the sig today and it took me about 10 minutes or so... =)

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ImmigrationAnswerMan

06-30 12:36 PM

Changingjobs:

You can begin working for company B on your H as soon as company B files an H petition for you, since the H1B is portable. You can also begin working on your EAD for company B, although that will result in you no longer being in H1B status.

Any employment with company B is a violation of your H1B with company A. If the petition from company B is denied, you will no longer be in H1B status.

You could then go back to work for company A on the EAD. If you wanted to work for company A on the H1B you would have to leave the US and reenter on an H1B visa.

I am assuming your EAD is from an I-140/I-485 filed by employer A. You will want to make sure that your I-140 is portable under AC21, otherwise company A could pull your I-140 causing your I-485 and EAD to be denied.

We have been seeing a lot of these as of late. For example, I represent many companies who are actually agents; ie, a staffing agency who places speech therapists or nurses. The USCIS is now seeking to show that the beneficiary is actually on payroll and that the staffing company is in existence and that the location where the beneficiary will work is actually in existence. They have also been asking for copies of the contracts between the staffing agency and the place where the alien will work. Although it seems like they are asking for a lot, it does make sense in light of the immigration laws for H-1bs. A lot of abuse went on in the past in this visa categories espcially with staffing agencies etc. They would bring in nurses, etc. and then not place them anywhere! These people would pay and get a visa, enter the US, and when they reported for work were told there was no job for them and then they had no place to go. I believe it is in response to these abuses why we are seeing this now.

I got my H1b Renewed till July 2009 with a passport expiring in August 2006. I submitted my application in March 2006. So there is no issue relating to expiry of passport while applying for H1B.

Also as Krishna pointed out you can apply for a passport reneweal upto one year in advance. For stamping they require you passport to be valid 6 months after your visa expiry but again of you have more than one year left on your passport you can go to US consulate and explain the Indian policy they will stamp the visa on the same passport. Last year I got my H1b Stamped valid till July 2006 on a Passport expiring in August 2006.

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paskal

06-27 12:46 PM

you are allowed to file for a renewal 120 days before the previous document expires.

For Filing AC21 , do I need letter from the my future employer that job profile matches. My Job Title Matches my Labor Certification Title It was Software Enggineer Now it is Senior Software Engineering, But As I am in IT my old labor certification says about some old Oracle Technology but new job is J2EE and Also my Labor Certification talks about Financial Business Area but New Job is HealthCare Sector.Common thing are Both Says Design and Development of Software application.. Is it OK ?

Regarding having a match, take a lawyer's help to find out what occupation code (based on DOT - dictionary of occupationsl titles) or ONET code your previous job (in labor cert) was.

Try to take up a new job whose description would land you in the same or similar DOT code or ONET code and ask your lawyer to translate descriptions into ONET and DOT codes.

AC21 portability has never been used in such a widespread manner for such a prolonged period so a lot of new changes are likely to happen thru new interpretations done by USCIS. This time, AC21 will be used by folks for atleast 2-3 years before they get GC, just due to retrogression.

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vikaschowdhry

06-06 07:36 AM

seahawks you said: A passport must me valid at least 6 months is my understanding when I got my H1 renewed.

Could you please provide me a link to an official website that can confirm this?

No, MS+0 is still Job zone IV (SVP level 7: Over 2 years up to and including 4 years of "Specific Vocational Preparation")). There is plenty of software developer position codes in zone IV: 15-1031.00 - Computer Software Engineers, Applications, 15-1032.00 - Computer Software Engineers, Systems Software, 15-1021.00 - Computer Programmers. However, if you (your employer) can claim in the position description (and on the prevailing wage request) that you manage other people, then you can chose, say, 11-3021.00 - Computer and Information Systems Managers, and that is job zone V, so you can require both MS and some experience when advertising it.

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doodle696

03-09 02:43 PM

Based on the pdf "Operation of the Numerical Control Process" on the Visa Bulletin home page.

"The cut-off dates are the 1st, 8th, 15th, and 22nd of a month, since VO groups demand for numbers under these dates. (Priority dates of the first through seventh of a month are grouped under the 1st, the eighth through the fourteenth under the 8th, etc.)"

Hi Guys, Here is my situation: - Labor & I 140 cleared: PD Jan 07 EB2 - Currently working on 6th year H1B, lawyer is asking me to extend the H1B visa for another 3 years since the I-140 has cleared.

- Changed my job title from a project engineer to a lead engineer 180 days after filing I485 ( with lawyer consent). - Now offered a manager role with in the same organization hence accepted the offer without notifying the lawyer.

- Lawyer will ask me to file for a H1b extension in July/Aug time frame do you believe this might create a huge issue due to change in the role from an engineer to a manager (still within the engineering organization though)?

Would really appreciate your inputs and comments to this, is there anything on the USICS website that clarifies this.

Thanks Amit

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dce.deepak

11-08 08:30 PM

Labor needs to be applied accordingly too.. mention of masters degree and experience in job duties and posting

I agree-If USCIS wanted to reject atleast we would have heard some cases by now. Even if they have done so after July 2 we will hear soon within a week from now on atleast. If it have happened we still will have time to refile till Aug 17. So hopefull there shouldnt be any problem.cross the fingers so we can be safe. we dont have the medical paper or the original I140 to refile.We will wait and see.

Heidi Montag

4yourforGC

04-02 09:57 AM

thanks, radhagd and md2003. yes, we've had a very long discussion about porting PD after two I-140 approved in this board. but seems nobody had this done successfully. So I wonder which way is worth to keep, EB3 with earlier PD (but my EB3 LC has not been started even recruiting processing yet) or EB2 in case I am already in 140 pending stage (in our company, to pursue EB3, I will have to cancel EB2)? any comments on this?

thanks

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smudunuri

08-07 03:16 PM

The Story Thus far:

Though I am not an immi guru ( I never knew what was LUD till I started checking this site), but check this site for regular updates, so wanted to share news with others who eagerly waiting for approvals in Aug.

This is a personal Message from me TO the IV Core and its founder.People can keep it alive by thanking the core.

I Thank the Core and Aman for their dedication, support, campaigns and whatever they have done to bring about the latest development and a big big releif to everyone in the Legal community. While all other web sites and forums were just picking things from IV , IV was leading in updating and keeping the members informed about each and every development.I am sure they had been primarily instrumental in getting this done.The issue has and their effort has not only given this releif but have brought the burning issue to the limelight and in the eyes of lawmakers and the Govt, which will now lead to a larger and sustainable solution to the IV community. I once again THANK each of the IV Core members and other members for really making the IV a force to reckon with...

THANKS AND REGARDS

AB1275

09-25 03:48 PM

Thanks for your response.....

What happens if I-140 gets revoked? The market situation isnt that great....What if I am unable to get a job prior to I-140 being revoked? Will my EAD be valid?